Matthew S. McElhiney

Mr. McElhiney is a partner in Kutak Rock LLP's Denver office and has a broad range of experience handling corporate, merger & acquisition, business, contract and transactional issues, effectively having served as outside counsel for a wide array of businesses. He also has extensive experience in real estate matters for property owners, developers, small business owners, landlords, tenants, construction companies and contractors. Additionally, Mr. McElhiney has performed extensive work in the health care industry handling various business and transactional matters for companies, hospitals, and physician practice groups.

Mr. McElhiney has a broad range of experience handling corporate, merger & acquisition, business, contract and transactional issues, effectively having served as outside counsel for a wide array of businesses. His practice regularly involves:

The purchase and sale of businesses, assets and equity ownership interests.

The purchase, sale and development of commercial, residential, and mixed-use real properties.

Secured lending transactions- including documentation, workouts, restructurings, lien and payoff transactions and disputes for both lenders and borrowers.

The preparation and structuring of organizational documents, shareholder and ownership agreements for corporations, limited liability companies and partnerships.

Mergers and acquisitions and private equity transactions.

Landlord/tenant disputes and evictions.

Dispute resolution and ownership restructurings between adverse business owners and managers.

The representation of closely held businesses in connection with contractual matters, shareholder agreements, employment agreements, and facility acquisition, development and disposition.

Experience Includes:

Several multimillion-dollar sales and acquisitions of businesses for buyers and sellers in the technology, medical, real estate, retail, health care, insurance, financial, utility locating and service industries.

Acquisition of an industrial facility construction company, and negotiation of development options on $50 million stream of future build-out projects.

Internal merger and restructure of $10 million construction company, including revision of shareholder, redemption and ownership agreements.

Negotiation of long-term research/consulting, non-disclosure, confidentiality and executive employment agreements for applied science business with large defense contractor.

Mr. McElhiney has a broad range of experience handling various business and transactional matters for companies, hospitals and physician practice groups in the health care industry. His practice involves:

Purchase and sale of real estate and related assets.

Development of commercial, residential and mixed-use real properties for physicians and practice groups.

Successfully handled merger of two large physician practice groups and hospital in multimillion-dollar Wyoming transaction.

Established a real estate holding entity for physician practice group to purchase their operating facility in $1.4+ million transaction, creating a retirement sinking fund for physicians to buy real estate over time rather than paying rent to existing landlord.

Handled stock purchase transaction and buyout of founding partners by remaining partners in a continuing medical education and consulting business.

Negotiation of contract for $4 million strip mall sale and related environmental, development and tenant termination issues for the seller.

Acquisition of an industrial facility construction company, and the negotiation of development options on $50 million stream of related projects for build-out.

Disposition of $8 million of retail and commercial property for family partnership to developer, while handling all attendant financing, environmental and partnership disputes related to sale of asset portfolio.

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